Resolution 2019-______

A RESOLUTION DECLARING CITY OF FARMINGTON A SECOND AMENDMENT

PRESERVATION CITY

WHEREAS, the City of Farmington City Council met in a Regular Meeting

on February 26, 2019 at 6:00pm at 800 Municipal Drive in Farmington, New
Mexico; and

WHEREAS, NMSA 1978, Section 3-18-1 (1965) provides that cities shall
“protect generally the property of the municipality and its inhabitants and
to preserve peace and order in the municipality;” and

WHEREAS, the Second Amendment to the United States Constitution,

adopted in 1791 as part of the Bill of Rights, protects the inalienable and
individual right of the people to keep and bear arms; and

WHEREAS, the Supreme Court in the District of Columbia v. Heller, 554

U.S. 570 (2008), decision affirmed an individual’s right to possess firearms,
unconnected with service in a militia, for traditionally lawful purposes,
such as self-defense within the home; and

WHEREAS, the Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010),
affirmed that the right of an individual to “keep and bear arms,” as
protected under the Second Amendment, is incorporated by the Due Process
Clause of the Fourteenth Amendment against the states; and

WHEREAS, the Supreme Court in United States v. Miller, 307 U.S. 174
(1939), stated that firearms that are part of ordinary military equipment, or
with use that could contribute to the common defense, are protected by the
Second Amendment; and

WHEREAS, Article II, Section 6 of the Constitution of New Mexico

provides that “[n]o law shall abridge the right of the citizen to keep and
bear arms for security and defense, for lawful hunting and recreational use
and for other lawful purposes, but nothing herein shall be held to permit the
carrying of concealed weapons. No municipality or county shall regulate, in
any way, an incident of the right to keep and bear arms,” and

WHEREAS, the members of this council took an oath to support and defend
the United States Constitution, the Constitution of the State of New Mexico
and the laws of the State of New Mexico (insofar as they are constitutional).

WHEREAS, this Council will not authorize or appropriate government

funds, resources, employees, agencies, contractors, buildings, detention
centers or offices for the purposes of enforcing a law that
unconstitutionally infringes on the right of the people to keep and bear
arms.

NOW, THEREFORE, BE IT RESOLVED by the City of Farmington City Council,

by the authority granted to the Council by the laws of the State of New
Mexico and people of the City of Farmington, New Mexico to stand and defend
their rights and liberties, which are guaranteed by the United States and New
Mexico Constitutions, we hereby declare this Resolution as follows:
City of Farmington a Second Amendment Preservation City.

APPROVED, ADOPTED, AND PASSED on this 26th day of February 2019.

 ______________________________
Nate Duckett, Mayor

SEAL

Attest:

___________________________
Dianne Smylie, City Clerk